John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberalneutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberalneutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called (...) “the qualified judgments about the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

the issue of liberalneutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawlss argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of (...) class='Hi'>neutrality at the justificatory level, taking an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberalneutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the states involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structuresand concomitant promotion of that idealis seen, state neutrality implies substantive change. Whileas Susan Moller Okin avowedRawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberalneutrality but instead be required by it. (shrink)

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberalneutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberalneutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (shrink)

This paper explores tensions in Ronald Dworkin's liberal theory (and liberalism more generally) about the appropriate relationship of the state to the different conceptions of the good that may be adopted by its citizens. Liberal theory generally supposes that the state must exhibit a kind of impartiality to different conceptions of the good. This impartiality is often thought to be captured by an anti-perfectionist ideal of liberalneutrality. But neutrality is often criticized as an ideal (...) that lacks adequate theoretical support and is difficult to reconcile with liberalism's commitment to government support of various elements of a community's culture. Nonetheless, Dworkin has tried to explain systematically how his egalitarian brand of liberalism can explain the appropriateness of a particular variety of neutrality. I argue, however, that Dworkin's account of the relationship between liberalism and the good is ambiguous. I suggest that an ideal of tolerance which embraces a mild form of perfectionism fits better with the egalitarian foundations of Dworkin's liberalism than neutrality. Moreover, tolerance is an ideal through which familiar tensions about the liberal state's relationship to the good may be resolved. (shrink)

Self-Ownership, LiberalNeutrality and the Realm of Freedom: New Reflections on the Justification of Basic Income. A review of Axel Gosseries and Yannick Vanderborght (eds), Arguing about Justice: Essays for Philippe Van Parijs.

The principle of liberalneutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberalneutrality by implication promotes environmental policy that accommodates competing activities in (...) order to provide a wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in (...) particular, for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public (...) enforcement of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

One of the main characteristics of today’s democratic societies is their pluralism. As a result, liberal political philosophers often claim that the state should remain neutral with respect to different conceptions of the good. Legal and social policies should be acceptable to everyone regard- less of their culture, their religion or their comprehensive moral views. One might think that this commitment to neutrality should be especially pronounced in urban centres, with their culturally diverse populations. However, there are a (...) large number of laws and policies adopted at the municipal level that contradict the liberal principle of neutrality. In this paper, I want to suggest that these perfectionist laws and policies are legitimate at the urban level. Specifically, I will argue that the principle of neutrality applies only indirectly to social institutions within the broader framework of the nation-state. This is clear in the case of voluntary associations, but to a certain extent this rationale applies also to cities. In a liberal regime, private associations are allowed to hold and defend perfectionist views, focused on a particular conception of the good life. One problem is to determine the limits of this perfectionism at the urban level, since cities, unlike private associations, are public institutions. My aim here is therefore to give a liberal justification to a limited form of perfectionism of municipal laws and policies. (shrink)

In this essay, I argue that the privileging of romantic and familial ties by those who believe in the liberal state’s right to exclude prospective immigrants cannot be justified. The reasons that count in favour of these relationships count equally in favour of a great array of relationships, from friends to creative collaborators, and whatever else falls in between. The liberal partialist now faces a dilemma, either the scope of the right to exclude is much more limited or (...) much broader than she previously assumed. (shrink)

This paper suggests that moral neutrality erodes the liberal practices which sustain a free society. It supports the Polanyian claim that a free society is the political arrangement which is best able to realise universal ideals.

IntroductionThe idea of neutrality is one of the trademarks and also one of the most controversial ideas of contemporary liberalism as a political philosophy. One part of this idea is that, in determining the political principle of justice, the state should be neutral with respect to individuals’ religious and metaphysical conceptions of the good or the lack thereof. In their argument against political liberalism, communitarian philosophers such as Alasdair MacIntyre and Charles Taylor have argued the opposite: the political conception (...) of justice must be embedded in some type of religious or metaphysical conception of the good. In contrast to these communitarians, regarded as radical perfectionists, a number of other philosophers, notably George Sher, Thomas Hurka, Joseph Raz, and Derek Parfit, have adopted a moderate version of perfectionism by shifting to a different battlefield against the liberal idea of neutrality. In addition to religious and metaphysical conceptions of the good, .. (shrink)

This paper considers the effect of political liberal principles on the children in society. Specifically, the paper argues that political liberalism faces a problem where parents or other adults want to pass on bizarre or dangerous beliefs to their offspring. This problem arises because in the political liberal framework the only limit on what doctrines a child may acquire is that the child becomes a reasonable citizen. Since this criterion is designed to be lax, this implies children may (...) justly be inculcated with views that may undermine their welfare in later life. This presents political liberals with a dilemma. Ensuring that children are taught appropriate views requires narrowing the scope of political liberal principles, whilst keeping the broad focus of political liberalism brings with it unpalatable consequences when we consider the next generation. (shrink)

Educational neutrality states that decisions about school curricula and instruction should be made independently of particular comprehensive doctrines. Many political philosophers of education reject this view in favor of some non-neutral alternative. Contrary to what one might expect, some prominent liberal neutralists have also rejected this view in parts of their work. This paper has two purposes. The first part of the paper concerns the relationship between liberalneutrality and educational neutrality. I examine arguments by (...) Rawls and Nagel and argue that some of the same arguments they use to justify liberalneutrality also justify educational neutrality; thus, if we accept these arguments for liberalneutrality, we should also accept educational neutrality. The second part of the paper defends educational neutrality against objections that it is impossible and objections that it is undesirable. (shrink)

Should government be neutral "on the question of the good life, or of what gives value to life"?1 Some political theorists propose that governmental neutrality is a core commitment of any liberalism worth the name and a requirement of justice. For them, neutrality is the appropriate generalization of the ideal of religious tolerance. The state should be neutral in matters of religion, and neutral also in all controversies concerning the nature of the good or the ways in which (...) it is valuable and worthwhile to live. (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action (...) is regularly distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

Many liberals believe that government should not base its decisions on any particular conception of the good life. Many believe, further, that this principle of neutrality is best defended through appeal to some normative principle about autonomy. In this essay, I shall discuss the prospects of mounting one such defense. I say only “one such defense” because neutralists can invoke the demands of autonomy in two quite different ways. They can argue, first, that because autonomy itself has such great (...) value, the state can produce the best results by simply allowing each citizen to shape his own life; or they can argue, second, that even if non-neutral policies would produce the most value, the state remains obligated to eschew them out of respect for its citizens' autonomy. Here I shall discuss only the first and more consequentialist of these arguments. (shrink)

Michel Foucault (1926-84) was one of the most renowned of late 20th century social philosophers. He covered an enormous range: from sexuality to prisons; from identity to power; from knowledge to politics. The essays written for this book range over all of Foucault's work, but their main critical focus is upon objectivity, power and knowledge. The very possibility of a critical stance is a recurring theme in all of Foucault's works, and the contributors vary in the ways that they relate (...) to his key views on truth and reason in relation to power and government. (shrink)

In this dissertation I put forth a defense of liberalism understood in terms of the principle of state neutrality. In the first half of the dissertation, I attempt to show that a commitment to state neutrality is a central element running through the liberal tradition. I argue for this by examining closely the liberal theories offered by Locke, Mill, Hobhouse, and Rawls. In the second part, I defend liberalneutrality against two prominent criticisms: first, (...) that it is flawed because it cannot acknowledge the importance of certain distinctive virtues needed for a flourishing human life; second, that it fails to account for the importance of civic virtues in citizens and so leads to serious sustainability problems for liberal societies. I conclude that liberalneutrality, properly understood, can withstand both of these criticisms and offers a viable and attractive model of political association. (shrink)